Andrews v. City of Saint Helens et al

Filing 43

ORDER ADOPTING FINDINGS AND ARECOMMENDATIONS: Judge You's F&R, ECF 41 , is adopted in full. This Court GRANTS Plaintiff's Motion to File First Amended Complaint, ECF 25 . IT IS SO ORDERED. DATED this 10th day of May, 2024, by United States District Judge Karin J. Immergut. (pjg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ASHLEY D. ANDREWS, an individual,

Case No. 3:22-cv-01128-YY
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

Plaintiff,
v.
CITY OF SAINT HELENS, a Municipal
Corporation; ADAM S. RAETHKE;
JAMIN W. COY; and EVIN V. EUSTICE,
Defendants.
IMMERGUT, District Judge.

Defendants have not filed any objections to Judge You’s Findings and Recommendations
(“F&R”), ECF 41, recommending that Plaintiff’s Motion to File First Amended Complaint, ECF
25, be granted. Nonetheless, this Court has reviewed the F&R and ADOPTS it.
STANDARDS
Under the Federal Magistrates Act (“Act”), as amended, the court may “accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28
U.S.C. § 636(b)(1)(C). If a party objects to a magistrate judge’s F&R, “the court shall make a de
novo determination of those portions of the report or specified proposed findings or

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recommendations to which objection is made.” Id. But the court is not required to review, de
novo or under any other standard, the factual or legal conclusions of the F&R that are not
objected to. See Thomas v. Arn, 474 U.S. 140, 149–50 (1985); United States v. Reyna-Tapia, 328
F.3d 1114, 1121 (9th Cir. 2003) (en banc). Nevertheless, the Act “does not preclude further
review by the district judge, sua sponte” whether de novo or under another standard. Thomas,
474 U.S. at 154.
CONCLUSION
Judge You’s F&R, ECF 41, is adopted in full. This Court GRANTS Plaintiff’s Motion to
File First Amended Complaint, ECF 25.

IT IS SO ORDERED.
DATED this 10th day of May, 2024.
/s/ Karin J. Immergut
Karin J. Immergut
United States District Judge

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